Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Show cause notice is essential before forfeiting surety bond...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Hearing of affected party is mandatory, as non-affording of such opportunity of hearing would be gross violation of principle of natural justice...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Separate orders are required to be passed by Court firstly at the time of cancellation of bail bonds and secondly when penalty is imposed...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 102 -- Murder - Seizure u/s 102 Cr.P.C. unless it is linked to crime cannot be relied on to convict the accused for murder on the conspiracy alleged...........
Criminal Procedure Code, 1973, Section 102 -- Seizure - Seizure often is on surprise interception or on information received, which principle cannot be imported to the affirmation of the statements made by the witnesses during investigation u/s 161 Cr.P.C., if they do not subscribe to it at trial...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Neither the statement made to I.O. can be treated as gospel truth nor the voluntarily statement made by accused can be relied upon except to the extent of the discovery of fact, on information supplied, which would be a strong implicating circumstance if, and..........
Evidence Act, 1872, Section 9, Criminal Procedure Code, 1973, Section 54A -- Test Identification Parade - Test identification parade done at investigation stage only aids the investigation but cannot lead to conviction unless accused are identified in the box at the time of trial in the Court...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 27 -- Murder - Witness turned hostile - Conviction on the basis of testimony of IO - What has been revealed in the investigation, to the IO, has to be clearly established before Court by oral testimony or other evidence, failing which Court cannot base a..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Merely because the IOs spoke of such statements having been made by the witnesses during investigation, does not give them any credibility, enabling acceptance, unless the witnesses themselves spoke of such motive or acts of commission or..........
